(영문) 서울서부지방법원 2019.04.04 2018가단1479

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(영문) 서울서부지방법원 2019.04.04 2018가단1479

대여금

Text

1. The Defendant’s KRW 52,00,000 as well as the Plaintiff’s KRW 24% per annum from February 24, 2007 to February 25, 2018.

Reasons

1. The parties’ assertion

A. On May 26, 2006, the Plaintiff asserted that the Plaintiff lent KRW 45 million to the Defendant. On February 23, 2007, the Plaintiff prepared a loan certificate (Evidence 1) with the Defendant’s intent to pay KRW 52 million by January 30, 2008, including the interest accrued until the time the loan was given to the Plaintiff on February 23, 2007.

Therefore, the Defendant is obligated to pay the Plaintiff the loan amounting to KRW 52 million, interest thereon, and delay damages.

B. The Defendant alleged that he borrowed KRW 45 million from the Plaintiff on May 26, 2006, and prepared a certificate of borrowing KRW 52 million in addition to the above loan amount of KRW 45 million on February 2007. However, even though the Plaintiff did not additionally lend KRW 7 million, the statute of limitations for the Plaintiff’s claim for the loan was expired.

2. As long as a judgment on the cause of the claim is recognized to be genuine in its formation, the court shall recognize the existence and content of the declaration of intent in accordance with the language and text stated in the disposition document, unless there is any clear and acceptable counter-proof to deny the contents of the statement.

(1) In light of the above legal principles, the court below held that the defendant prepared and agreed to lend 52 million won to the plaintiff on February 23, 2007 on January 30, 2008 and 1.5 copies of interest per month (2 copies per month in arrears not less than 2 times) to the plaintiff on January 30, 2008, in full view of the purport of the whole argument in the statement of the evidence No. 1 (the fingerprints No. 2006Da61574, Jan. 12, 2007, since the fingerprints No. 1 of the defendant's name is recognized to be by the defendant's person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person

Therefore, barring any special circumstance, the Defendant KRW 52 million to the Plaintiff, barring any special circumstance.

참조판례

-대법원 2007. 1. 12. 선고 2006다61574 판결

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